Telegram-herald., 1887-10-22
THEIR LAST CHANCE
TRYING 10 sAvs rrg ANARCHISTS
Gsassai Pryor Make. Appllc@tisa - ths
Netsso st~ses >aEl ssas Csart fsr
~ rsts 81 fFf04- D1Rsriax sEsss
81 tks Caaassl

W4.atSsFos Ost sf-Long before half
Pasl 10 ooleek this morning. wAich ~Ss
tie aoar 81 fqr lA.e heariaE - The spplics-
uoa ioT wris Of error IA me ChleAxs An-
srchisg cases. she ceniessnos room q ghs
gise1 sss,es supreme Court n the base
mens al tns Capitol Va crowded With
lsw9srs sal ueNspApss men. JOAN Esa-
60 - tucssF. General fryof, GeaerGi b.
A. Butter sad Captain Black, oounssl for
the eeDdsmEef Prisoners. were present. Al
A9Pe two mea Cab Ia csffslos with DIM
coi.y large 0les Eu covered trunk. wkich
contained lne voiumlaoas record. TO TIE
Dre. aha forMsl sla e1aent OF me Ooiecl II
ihe- business. Jsslles Har.sn responded by
say M tkAf eaasf ine eiTcGustsaoes Il was
his duty - facilitate sD esfiy decision. snd
therefor hs mace al oFleF that counsel
present. their application 70 the court "A
open session.
In accordance with Justice Hafians saz-
gesEioa. application 10 tie United States
sapfegle Court for wnts Of error VAS made
shortly amer noon sy General Pryor. Ihe
points upon which he relied show that the
eases Involved Feaersl questions which
so2ld give this court jurisdiction were.
y rsf. that the statute OF Illinois relating 10
tte eui psneimsAt al Jurors, I1akes its posi-
hies t. qv prisoners Vita partial ami pre-
JUDICIAL jury, a. was the tact an this case aud
'that such statute is obnoxious 70 the Fed
eral Constitution; aud. second. that the
prisoners were compelled 10 testify against
themselves and crlmlnete themselves sad
thas the eliminating evidence against tkem
was obtained by the police from their pEl-
vste desks. without se1fch warrants, inyoly-
Ing of the constitutional provision that
man shall not be deprived of life, etc. with
out due process of lsw.
The court directed Ar. Pryor 10 have
prnted at oncr the parts Of the record
which pertsineG 10 these questions, and have
printed copies ready for submission " the
court todey or eaIly tomorrow nornipe.
Further directions would. il necessary, the
thiei justice sald. be given on Monday Esxt
Ise grounds OF the anarchists appeal
were not iuny Developed ia the SuVeaie
Court proceedings today. Csntolph Toekas.
one Of their coGhsei. not being fully ia &C.
cord with his associates. relies wholly pceu
argument based upon th< provision of The
Fourteenth amendment 60 the Consntutios
that mo State shall make or enforce l&x
which shall abridsc the privileges or inaiaui
mites Of citizens of the United S,ses
nor shall any State deprive any person OF
lie, liberty or property WITHOUT eue lfooess
OF iaw. nor deny 10 any person within lie
jurisdiction equal protection of the laws :"
In the opinion of Mr.. Tucker this provision
OF the Constitution is violated In many inn
portant respects by the State laws ard
Judicial practices under hich the anarchists
were condemned. His frst claim is that
the words, "due process of law" involve a
trial by jury which the conEsel claim TO
have been denied the anarchists, mas
much as the jury was coIaposed OF
men prejudiced against the defendants, con-
WINGED ia advance cf their guilt and de-
termlned' upon their conviction. Another
point raised is that the records show that
an exception was also at one time noted TO
the ruling oil the cour, ss being ia violation
oi the state aud federal constitution This
exception being recognized by the court. ii
IS claimed that this fact alone gives juris-
dicti0n TO the Uniied States Supreme court
The great poin, al issue is the dsbnition
asked for for the first time from the United
States supreme Court of the words, "Dne
process of law" and tneir relation TO the
liberty of citizens, aud the claim is made
Tor the first time thai the United States su-
preme Court must take csgnizance OF an ap-
peal based upon admission 10 the jury OF
improper Jurors